Washington - An appeals court overturned Friday a ban on the US navy's use of sonar in upcoming training exercises off California that was aimed at protecting whales disturbed by the subsea emissions.

Reversing an August 6 decision in the longstanding battle between environmental groups and the US military over whale safety, the appeals court said the court that handled the case earlier had overstepped.

It said that court had not adequately justified its ruling against sonar use in the navy's 14 planned exercises offshore southern California during 2007-2009.

The appeals court added that although the public had an interest in protecting whales, US defense needs must also be considered.

"We are currently engaged in war, in two countries ... The safety of the whales must be weighed, and so must the safety of our warriors. And of our country," Friday's ruling said.

Your generous support got us back to federal court, where we've scored another big victory for whales -- this time over the President of the United States!

Last night, a federal judge struck down a waiver issued by the White House that would have exempted the U.S. Navy from obeying a key environmental law during sonar training exercises that endanger whales.

In doing so, the court affirmed the bedrock principle that we do NOT live under an imperial presidency. Both the White House and the military must obey and uphold our environmental laws.

President Bush's waiver was a last-ditch attempt to let the Navy unleash an onslaught of military sonar off the coast of southern California -- home to five endangered species of whales -- without taking precautions to protect marine mammals from a lethal bombardment of sound.

Last month, the same judge -- U.S. District Judge Florence-Marie Cooper -- ordered the Navy to put safeguards in place during the sonar maneuvers in order to protect marine mammals from needless injury and death. Shortly after that ruling, President Bush issued his "emergency" waiver, attempting to override the court's order.

In last night's ruling, Judge Cooper called the Navy's so-called emergency "a creature of its own making," and reaffirmed that the military can train effectively without needlessly harming whales.

The Navy's maneuvers would take place near the Channel Islands -- one of the world's most sensitive marine environments. The Navy itself estimates that the booming sonar would harass or harm marine mammals some 170,000 times -- and cause permanent injury in more than 400 cases.

The far-reaching precautions imposed on the Navy by Judge Cooper include a ban on mid-frequency sonar within 12 miles of the California coast -- a zone that is heavily used by migrating whales and dolphins -- and between the Channel Islands.

Make no mistake: we must be fully prepared to keep fighting for those humane restrictions -- especially if the White House or Navy appeals this decision to a higher court.

Your support and activism have taken us this far. I know you will continue standing with us in the courtroom battles ahead -- until that day when whales no longer need to die for the sake of military practice.

Is this the worst White House that is humanly imaginable? Or just close to it?

_________________"If the people allow private banks to control their currency the banks and corporations will deprive the people of all their property until their children will wake up homeless on the continent their fathers conquered." - Thomas Jefferson